Statements blocked
in shooting trial

The judge's ruling in the Pali
shooting trial could be appealed
to the state high court

A judge has ruled that prosecutors cannot use a statement against Rodney Joseph, who told police he fired a gun at the Pali Golf Course during a confrontation in which two men died and another was injured.

Rodney Joseph: A judge bars the prosecution from using his statements against him

Circuit Judge Michael Town found yesterday that Joseph, 35, did not give the statement "knowingly, voluntarily and intelligently" because his attorney did not represent him effectively.

"He has a right to competent, effective counsel" in waiving his constitutional right to remain silent, Town said.

Deputy Prosecutor Lucianne Khalaf indicated prosecutors might appeal the court's decision, which could delay the trial indefinitely until the Hawaii Supreme Court rules. Trial had been set for Jan. 7, exactly a year after the shooting.

Joseph, Ethan Motta, 34, and Kevin Gonsalves, 33, face multiple charges including first-degree murder in the slayings of Lepo Taliese, 44, and brother-in-law Romelius Corpuz, 40. Also wounded was Corpuz' brother Tino Sao, 42.

Police say the dispute stemmed from factions vying to provide security at gambling houses. Khalaf said Joseph's statement itself did not have much impact because it was self-serving. But she is concerned that other information obtained by police based on Joseph's statements could be suppressed.

"That statement led to further investigation, so we'll have to see what will get knocked down," she said.

In his statement, Joseph had said he intentionally disposed of two of the firearms used in the shooting.

Police later learned that another individual had been asked to torch them and tossed them into the Kapalama Canal.

Earlier this month, homicide detectives confirmed they have no eyewitness who can identify Joseph holding a gun or firing it at the golf course that day. Each defendant is allegedly blaming the other two for the fatal shootings.

In his statement offered the day after the shootings, Joseph admitted to firing in self-defense because the men were surrounding him and Motta as they sat in their car.

He made the statements before detectives got a chance to read him his rights, but with his then-attorney Chris Evans present and without any agreement to limit the use of his statement in case a deal was not reached.

Evans could not be reached for comment.

Town found that Evans did not have a firm grasp of the facts of the case, as shown by his inaccurate description to the detectives of what his client would say transpired at the golf course. Evans had not conducted an independent investigation, visited the shooting scene nor seen any police reports, and learned of the facts from the media from a conversation with Joseph's sister, Town said.